di 



LIBRARY OF CONGRESS. 

Chap. iZBA.s:AJ 

Shelf »WiL.... 

\Z^ 

UNSTED STATES OF AMERICA. 



SOHOOT^ T^^TV 



OF THE 



TERRITORY OF WASHINGTON, 



PASSED BY THK 



LEGISLATIYE ASSEMBLY 



FIRST BIENNIAL SESSION, 



BEGUN .M<D HELD 



0]>s JMOISTD^V^Vr, DEC «, ISOr, 



TOGETHER WITH THE 



AMENDED LAW OF IHE PREVIOUS SESSION. 




nVB HUNDRED AND FlFrP-€mPlES OliDEltEI) PEESTTED BY THE 
LEGISLATIVE ASSEMBLY. 



OLYMPIA : 
C H A S . P R O S C H , 1' R I !< T E R . 

1868. 



' 'i U -■'•■■ 



SCHOOL LA 



OF THE 



TERRITORY OF WASHING TOxN. 



AN ACT 

IN RELATION TO COMMON SCHOOLS IN ^TASHINGTON TERKITOKY. 

Sec. 1. Directors in certain cases autljorizGc' to levy school tax. 

Tax not to exceed two mills on the (LjlJav on all taxable propeitj- in the 
district. 
2. All conflicting provisions repealed. 
3 1 Act to take effect from pas.^age. 

Skc. 1. Be it enacted hy the Legislative Assembly of the 
Territory of Washington^ That it sliall be competent for the 
directors in any school district, after the public money has been 
expended, upon a petition signed by a majority of all the pa- 
rents and guardians of the scholars and resident property-holders 
paying taxes in such district, to levy a tax on all the taxable 
property in such district, for tlie purpose of defraying the ex- 
penses of sustaining a school : Provided said assessment shall 
not exceed two (2) mills on the dollar on all the taxable property 
in sucli district. 

Sicc, 2. All acts and parts of acts conflicting with this act 
lie and the same are hereby repealed. 



4 SCHOOL LAW. 

Sec. 3. This act to take effect and be iu force from and 
Jitter its passage. 

Passed the House of EepreseiUatives January 25th, 186S. 

P. B. JOHNSON, 

Sjyeaker oj^the Iloiise of Be^presentatives. 
Passed the Council January 20th, 186», 

H. G. STEUVE, 
President of the Council. 
Approved January 20th, LSOS. 

MARSHALL F. MOORE, ~ 

Governor of Washington Terj'ito'nj. 



AN ACT 

»3TABLI8ITINQ A CM^MMON SCHOOL SYSTEM FOR THE TERRITOKY OF 

WASHINGTON. 

CHAPTER L 

feEC. 1. School fund, how provided. 
Annual division of interest. 

2. Duty of count}' commisHiouera to lev}* annual tax for school purposes. 
Appropriation thereof. 

3. Fines, &c., to be added, to be apportioned as school fund. 

4. County auditor to report yearly tex, and clerk of district court and justices 

of the peace to report lines imposed, &c. 

Sec. 1, Be it enacted hy the Legislative Assemlly of the 
Territory of Washington, That the principal of all moneys 
accruing to this Territory from the sale of any lands heretofore 
given or which may hereafter be given by the Congress of the 
United States for school purposes, shall constitnte an irreduci- 
ble fund, the interest accruing from which shall be annually 
<livided among all tlie school districts in the Territory, propor- 
tionally to the number of children or youth in each, between 
the ages of four and twenty-one years, for the support of com- 



SCHOOL LAW. 5 

iiinn PcliooLs in soid districts, and for no other UBe or piu'posQ 
Avhatover. 

Skc. 2. For the purpose of establishing and maintaining 
common schools, it shall be the duty of the county commission- 
ers of each count}- to levy an annnal tax of tliree mills on a 
dollar, on all taxable property of the county as shown by the 
assessment rolls made by the county assessor for the same year, 
and to include the same in their warrant to the collector, and 
the said collector shall proceed to collect the said tax in the 
same manner as other connty tax is collected, and the said 
money no collected shall be paid over to the county - treasurer, 
to be appropriated for the hire of school teachers in the several 
school districts, to^ be drawn in the manner hereinafter pre- 
scribed ; neither shall it be lawful for any county treasurer to 
receive county orders in payment for county school tax nor to 
})ay out any school money on county orders. 

Sec. 3^ For the further support of common scliools, there 
shall be set apart by the county treasurer, all moneys paid into 
tlie county treasury arising from all lines for a breach of any 
law regulating licenses for the sale of intoxicating liquors or for 
the keeping of bowling alleys or billiard saloons, or from any 
penal laws of this Territory. Such moneys shall be paid into 
the county treasury and be added to the yearly school fund 
raised by tax in each county and divided in the same manner.* 

Sec. 4. That it shall be the duty of the county auditor of 
each county to report to the county superintendent of common 
schools, at least twenty days before the first Friday iu Xovem- 
ber of each year, the amount of school tax levied in their 
respective counties for that year, and that it be the duty of the 
clerk of the district court, at the close of every term thereof, to 
report to the superintendent the amount of fines imposed during 
said term of court, and that it be the ■ duty of all justices of 



*An act of tlio Assembly, approved Ian. 2:id. 1S68, iirovides " Uiat all licenses granted 
for tlic s;ile of liquors or the privilege of keeping ferrie?, by Uie county commissioneri of 
Walla Walla eonnty, shall be paid for to the county treasurer nf said county, and tie 
funds derived from such licenses tifaall be used for the benefit of the common school, of 
gaid county.-' 



« SCPIOOL LAW. 

the peace to report to tlie superintendent, at least twenty^ daja 
before the first Friday in November of each year, the amount 
of fines imposed and collected by them for the past year. 

CHAPTER II. 

COUNTY SUPERINTENDENTS. 

Seo. 1. Of election of county superintendent. 

To be elected at June election, 1867, and tliereafter biennially. 
Vacancy may be filled by County commissioners. 

Appointed superintendent to qualify as though electsd, and hold office till 
successor is qualified. 
2. Superintendent to qualify within ten days after notice of election. 
Oath of superintendent to be filed with county auditor. 

5. Shall district county so as to include every resident within a district. 
Shall keep a map in his office; what shall contain. 

To lay off new and divide old districts, when 
4 Duty of. on erection of new districts. 

Duty of petitioner who has piaycd for new district. 

First scha::;! meeting, aad herein wheu quorum fads to appear, 

6. To attend at county siat to' exami.ie teachers, &c., when. 

If required to attend at other times, parties interested to pay expenf«. 
Teachers not examined on such regular day to pay two dollars for certifi- 
cate, 

6. Of examination of teachers, brandies specified. 
Certificates to be for one year, revocable, however. 
A certificate may be given for certain distiict only. 

7. Must visit schools at least once a year. 

To give information and introduce uniform books. 

8. To receive and file reports from districts. 

To make out annual report; what it shall embrace. 
To file said annual report and may publish the same. 

9. At time of annual report to apportion school fund. 

Ratio the number of children between the ages of ftmr and twenty-ont 

years. 
To notify clerks of districts of respective share due, 

10. When oiders may be issued in lavor of district for said fund. 
Duties of district clerk in receiving funds. 

Duplicate of receipt to be fded with superintendent. 
Amount to be charged to district, 

11. Compensation of superintendent twenty-five dollars per annum, • 
County commissioners niny increase to five hundred dollars. 



SCHOOL LAW. ' T 

3«o. 11 . To be allowed for books, stationery anel map. 

12. Superinlendeut to be a qualified teacher, requiriug no cortificdte- 

Sec. 1. There shall be elected by the legal voters of the 
respective counties in Washington Territory, the county super- 
intendent of common schools for each county, who shall be 
elected at the general election of 1867, and at the regular elec- 
tion held biennially thereafter, who shall hold his office for the 
term of two years and until his successor is elected or appointed 
and qualified. And in case of a vacancy occurring in said 
office by removal, death or otherwise, the county commissionera 
of each county are authorized to appoint a county school super- 
intendent as in all other cases of vacancies in their respective 
counties, who shall qualify in the same manner as the elected 
superintendent, and perform all the duties of the office accord- 
ing to this law for the unexpired term for which he was elected, 
and until his successor is elected or qualified. 

Sec. 2. The superintendent shall qualify witliin ten days 
after notice of his election, by taking an oath to faithfully dis- 
charge the duties of his office and to the best of his ability pro- 
mote the interest of education within his county, which oath 
shall be in writing, and placed on file in the county auditor^s 
office. 

Sec. 3. It shall be the duty of the superintendent to dis- 
trict the whole county so that every resident of the county shall 
be included in some district, and to divide such portion of his 
county as shall be inhabited into convenient school districts; to 
define the boundaries and numbers, and to prepare and keep in 
his office a map of the districts of the county, upon which the 
lines and boundaries of each district shall be clearly defined ; 
ho shall lay oft' new districts or divide old ones wlien the public 
good shall require it. 

Sec. 4. Whenever any school district shall be fonned by 
tlie superintendent, it shall be his duty to prepare a notice in 
writing of the establishment of such district, describing its 
boutidaries, and to deliver the same to some taxable inhabitant 
of such district who shall have asked for the formation of th& 



8 SCHOOL LAW. 

same. It shall be the duty of eaid inhabitant, within two weeks 
after the receipt of such notice, to notify the other inhabitants 
of the district of the time and place of the first district meet- 
ing, which time and place he shall fix by written notices, aitd 
which shall be posted up in three public places in the district at 
least ten days previous to the time of meeting. In case the in- 
habitants fail to attend in sufficient numbers to do business as 
hereinafter directed, notice may be renewed at such times a& 
may be thought proper. 

Sec. 5! It shall be the duty of the county superintendent 
to be at the county seat on the third Friday and Saturday of 
May and November of each year, for the purpose of examining 
teachers and for the transaction of other business, and he shall 
give ten days public notice of the same by posting up handbills 
or otherwise. And any person or district applying on different 
days for the transaction of such business, shall pay the superin- 
tendent a reasonable compensation for his trouble, not exceed- 
ing the sum of two dollars, and any teacher examined on a 
different day shall pay the superintendent the sum of two dol- 
lars. 

Sec. 6. It shall be the duty of the superintendent to ex- 
amine all persons who wish to become teachers in his county ; 
he shall examine them in orthography, reading, arithmetic, de- 
fining, penmanship, English composition, English grammar and 
geography, history of the United States, and if he be of the', 
opinion that the person examined is competent to teach said 
branches, and that he or she is of good moral character, he shall 
give such person a certificate certifying that he or she is quali- 
fied to teach a common school in said county ; such certificate 
shall be for tlie term of one year only, and may be revoked 
sooner by the superintendent for good cause, but in the examin- 
ation of teachers he may make a distinction according to qualifi- 
cation, granting a certificate of qualification to teach in any 
specified district, if the applicant therefor be qualified for the 
school of such district, and not a'county certificate, which certi- 
ficate so granted shall only be for six months, and may for good 
clause be sooner revoked. 



SCHOOL LAW. ?i 

Sec. 7. The superintendent shall visit all the schools in 
bis county at least once a year; he shall give such information 
and encouragement as he may think necessary, and endeavor to 
promote the introduction of a good and nniform system of 
wjhool hooks throughout the oounty. 

Sko. 8. It shall .he the duty of the superintendent to re- 
ceive the district reports hereinafter provided for, and keep 
them on file in his office, and he shall, on or before the first day 
of December of each year, make out from the district reports n 
statement of the n\imber of scholars in the county, the numher 
«")f school libraries, the number of school houses, the number of 
districts, in how many districts the school has been kept the pa sf 
year, what school books are principally used, what propoi'ti'>n 
ot all the scholars in the eonnty lia,ve Mtended school for the 
past year, and the amount of money paid to teachers. This 
statement, together with such other infonnation and suggestions 
as he may deem important to the cause of education, he shall 
file in his office, and may, if convenient, publish it in some 
newspaper in this Territory. 

Sec. 9. It shall be the duty of superintendents, at the same 
time, to make an apporfionment of the school fund in the 
<',ounty treasury, among tlie several school districts in their 
respective counties, in proportion to the number of persons in 
the district over the age of four and under twenty-one years. 
and certify the amount due eacb district, which shall be drawn 
as hereinafter directed, and shall forthwith notify the clerk of 
the scbool district of the amount due their respective district. 

Sec. 10. When the district shall have complied with the 
law as hereinafter directed, it shall be the dut}'- of the supo-iii- 
tendent to issue orders on the county treasury in favo]- of the 
derks of the district for the amount of the school fund ap[)ro- 
priated to each, on the presentation of which order, the treas- 
urer of the county shall pa}^ over to the clerks of the districts 
all moneys due their respective districts, and the clerks shall 
endoi^e on said order a receipt for so much as shall be ])ai(l 
thereon, and they shall also sign a duplicate receipt which shnlj 
2s L 



to SCHOOL LAW. 

be deposited witli the superintendent, who shall credit the trea- 
sury of the county therewith, and charge the same to the pro- 
per district. 

Sec, 11. The said superintendent shall be allowed out of 
the county treasury, in compensation for his services, the sum 
of twenty-fiYe dollars a year. The county commissionere may,, 
in their discretion, if they think the services rendered demand' 
it, increase his salary to any sum not exceeding five hundred 
dollars a year : Provided^ also^ That a -proper allowance shall 
be made in addition thereto for necessary books and stationery 
and for preparing of the map required by section three. 

Sec. 12. The school superintendent of each county shall in 
all cases be a qualified teacher of any school within the count}? 
for which he is elected, ^vithout any certificate whatever. 

CHAPTEE IIL 

OF SCHOOL DIRECTOES, CLEEKS AND TEACHEKff:. 

Sec. 1. School meetings to form ne-f distrietsj may be calfed. 
Five legal voters a quorum. 

2. Sneh sehooJ meetings liave same power as regnlar sc&ool meetings^, 

3. To have a cbaiiman and secretary.. 
Of election of school directors. 

Cases where an equal number of votes is received determined liy Ifc-'J. 
i. Term of office of, and filling vacancies. 

5. Oath of office to be in writing. 
To be filed with clerk of district. 

6. Duties of directors. 

7. Two shall constitute a quorum of board'. 

8. To visit school of cTi.--trict twice each term. 
To assist in inti'odueing uniform books. 

9. Cljrk to be ekcted at first annaal meeting, for three yeafs^. 
Qualification and bond of. 

AppolntctT to fill vacancy, shall hold unexpfred term. 

10. Duties of district clerks. 

11. To furnish annual report to superintendent. 
When, and what said report shall embrace. 

12. To make out, annual acconni of receipt and expenditure*. 
To read same at annual meeting. 

To turn over unexpended mone}', to successor. 
Failure so to do, enforced by suit on official bond'. 

13. Clerk to be treasurer of district. 



SCHOOL LAW. 11 

Pj?r. 11. Money payable out 'uilj on order of (lirec'tor-". 

15. C'lnpuiisation pnyable out of couutj tuud, to be deferniiued by couuty 

coiiiraissioners. 
10. Duties of tcachei's. 

Register to be kept, what it shall contain. 

To be filed with cleik at cloae of each term. 

To accompany annual report of clerk to supeiintendent. 

Sec. L a school meeting may be called at any time, for 
the purpose of organizing a new district, as provided in section 
four, chapter two. No number less than live legal voters shall 
constitute a quorum to do business in. any district meeting. 

Sec. 2. Such school meeting shall have power to do all 
necessary business the same as the regular school meeting would 
have. 

Skc. 3. Such meeting, when assembled, shall organize by 
the appointment of a chairman and secretary. -^ It shall then 
proceed by ballot to elect three directors-; of those so elected, 
the person having the highest number of votes shall hold his 
office for the term of three years, and the person having the 
next highest number shall hold his othce for two years, and the 
person next highest one year, and each shall continue in office 
until his successor is elected and qualified. In case two or more 
persons of those so elected receive an equal number of votes, 
the duration of their term of office shall be determined by lot 
in the presence of the chairman and &ecretar3^ 

Sec. 4. The term of office of a director not elected at the 
regular annual meeting shall continue for the term of one, two 
or three years as he may have b'^en elected, from the next an- 
nual school meeting, unless such director shall be elected to fill 
a vacancy, in which case ho aIv.uI continue in office for the un- 
expired term ; so at every annual school meeting after the iirst, 
there sliall be elected one school director for the term of three 
years. 

Sec. 5. The dii'cctors shall qualify within ten days after 
their election, by taking an oath or affirmatio!? faithfully to dis- 
charge the duties of the office to the best of their {fbilities and 
to promote the interest of education within their district. This 
oath shall ha in writiuLi- and filed with tlie clerk of the district. 



13 SCHOOL LAW. 

Sec. 0. It sliall be tlie duty oi the directors of every school 
district : 

1. To call special nieetings of the district whenever they 
shall deem it necessary, and when a vacancy occurs hy death, 
resignation or otherwise, the directors shall call a special meet- 
ing of the district to fill such vacancy. 

2. To make out a tax list for their district wdienerer an as- 
sessment has been made, containing the names of all persons 
liable to pay taxes in the district, and tlie amount payable by 
each inhabitant set opposite his or her name. 

' 3. To annex to such tax list a warrant directed to the clerk 
of the district for the collection of the sums in such list men- 
tioned, including such per centage for fees of clerk as they may 
dBeni just, not exceeding five per cent. 

4. To purchase or lease a site for the district school Iiouse, a& 
designated by a meeting of the district, and to build, hire, or 
purchase, keep in repair and furnish such school house with 
necessary fuel and appendages, and such privies and outhouses a> 
decency requires, out of the funds collected and paid to the clerk 
for such purpose, and to have the custody and safe keeping of 
the district school house. 

5. To contract with and 'employ teachers; and they shall 
require a teacher to get a certificate from under the hand of the 
county superintendent, as provided for in section six, chapter 
two. No engagement with a teacher shall be valid, so as to 
entitle any district to draw their apportionment of public money, 
unless such examination has been previously made. - 

6. To give orders to the teachers on the district clerk for their 
wages. 

7. To discharge any school teacher for neglect of duty or any 
cause that in their opinion renders his or her service unprofita- 
ble as a teacher, by first paying him or her for what time he or 
she may have been teaching. 

Skc. Y. Any two of said directors shall constitute aquormu 
to do business. 



SCHOOL LAW. r^> 

Sec. 8. It shall be the duly of the directors to visit and 
fxainine the school or schools of their respective districts at 
least twice in each teriu. Thej shall endeavor, in connection 
with the county superintendent, to procure the introduction of 
a u'ood uniform system of school books in their district, 

CLERKS. 

Sec. 9. The iirst annual school meeting shall also elect a 
tlistrict clerk, who shall continue in office for the term of tlirec 
years. Ua shall (pialify within ten dajs after his election in the. 
!*ame manner as the directors^ and give a bond to the district 
<lirectors in such sum as they may require, that he shall well 
and truly perform the duties of his office and pay over all 
moneys coming into his hands by virtue of his office as by hiw 
directed. If a clerk be elected to fill a vacancy, he shall con- 
tinue in office for the unexpired term, and ff elected at the first 
meeting not being the regular annual meeting, he shall continue 
in.office three years from the next annual meeting. 

Sec. 10. It shall be the duty of the clerk of the district 

1. To record the proceedings of his district in a book to be 
provided for that purpose by the district. 

2. To give notice of annual or special meetings. 

3. To procure a list of all residents in the district between 
the ages of four and twenty-one years, excepting those whose 
[)arents or guardians are not residents of tlie district, 

4. To give due notice at least ten days before any tax that 
may be assessed shall be collected, by written or printed notices 
in three of the most publi-c places in tlie district, 

5. To collect all district taxes which he .-.hall be required by 
the warrant from the directors to collect, within the time limited 
in each Avarrant for its return, and he shall have the same au- 
thority as the county collector to enforc^ the collection of such 
tax, and he shall be allowed for collecting such per centage a5 
the directors may deem proper. 



U , SCHOOL LAW. 

6. To retain a copy of all reports made to the count}' super- 
intendent relating to the aifairs of the district. 

Sec. 11, It shall he the duty of the clerk to furnish the 
ounty superintendent, within ten days after the first Friday in 
November of eacli year, a report containing the number and 
names of persons in his district over four and under twenty-one 
years of age, excepting tho3e whose jiarents or guardiaris are 
not residents of the district, how long a school has been kept in 
his district by a qualified teacher during the past year, what 
school books are principally used, what proportion of the schol- 
ars in the district have attended school, and the amount of 
raone.y paid to teachers or otherwise expended. 

Sec. 12. Tlie clerk of each district shall, at the close of 
each year of his office, make out in writing a just and true ac- 
count of all moneys, received by him for the use of the district, 
and the manner in which the same shall have been expended, 
which account shall be read at the annual district meeting. 
The clerk shall pay over all moneys remaining in his hands be- 
longing to the district, to his successor when his successor has 
legally qualified, and upon refusal or neglect so to do, the di- 
rectors shall forthwith bring suit upon his bond. 

Sec. 13. District clerks shall be treasurers of their respec- 
tive districts. 

Sec. 14, All moneys coming into the hands of the district 
clerk shall remain in the hands of the clerk or clerks subject to 
the order of the directors, and shall not be paid out in any 
other way. 

Sec. 15. District clerks shall be allowed such compensa- 
tion for their services as the county commissioners may deter- 
mine, to be paid out of the funds of the county. 

TEACH EKS. 

Seo. .16. It shall be the duty of every teacher of a common 
scliooi to procure a certificate of qualificatrg[i and good moral 



SCHOvOL LAW. 15 

character before entering on the duties of a teacher. It shall 
be his or her duty to keep a register of the children attending 
6chool, their age, and the time Avlien they begin, the time they 
continue, and of their daily attendance; and with the same he 
or she shall give a list of the text books principally used in his 
or her school, and said register and list of books shall be in du- 
plicate, and filed with the clerk of the district at the close of 
every term, properly certified to by the teacher; the one copy 
for the use of the clerk, and the other sliall, by the clerk, be fur- 
nished to the county superintendent with his annual report. 

CHAPTEE lY. 

MISCELLAKEOUS PROVISIONS. 

6kc. 1. Miuutes of first meeting, by w'nom signed, and by whom and where kept. 

2. Who to be chaiiman and secre tary of meeting. 

3. Meeting may alter, repeal, &c., their proceecings. 

4. District meetings ma^- levy lax. 

5. New districts failing to organize or report, not entitled to school funds. 
Proviso. 

6. Funds to be apportioned to organized districts only. 

7. When a district shall be allowed to draw the fund. 

8. When superintendent to issue order for funds of a district in favor of 

clerk theretff. 

9. Provision where district has less than twenty-five scholars between ag*s 

of four and twenty-one, and is not able to support a school. 

10. An organized district shall be a body corporate, its powers. 
Duty of directors to prosecute and defend. 

11. Directors may permit scholars out of district to attend school with or 

without charge, 

12. When scholars out of district may draw school money. 

Teacher to give certificate of attendance of scholars not belonging to 
district. 

13. Clerk of district where scholars reaide, upon presentation of certiilc;;!*"^ . 

to pay the parents of such scholars the apportionment due them. 
U. Wl:eu certificate to be presented to superintendent. 
15. Scholar thus receiving his portiori, not entitled to further benefit until 
after next annual apportionment. 

17. Notices of meeting to state purposes of tax. 

18. Assessment of property of non-resident holders. 

19. Directors may add a per centum to remunerate the clerk as collector. 
Per centage when to be deducted. 



Jt; SCHOOL LAW. 

Sec. 20. Meeting to be held annifally. 

Notice thereof what to state, &c. 

21. Who shall be allowed to vote at meeting. 

Persons liable to school tax ouly voters iu selecting site or levying spe- 
cial tax. 

22. Meeting may adjourn from day to day. 

23. By a majority vote meeting may levy a tax. 

24. Taxes for erection of school houses may be p.iid in labor. 

25. Holding other office not to disqualify superintendent, director or clerk. 

26. A librarian to be appointed, by, whom and when. 

27. Certain per?on3 authorized to administer oaths under tiiis act. 

28. This act not to affect the disposition of funds heretofore set apart. 
20. ^ Failure of clerk to report, when no cause of forfeiture of fund. 
SO. Of districts failing to keep up organization. 

What shall be recognized as a legal district. 
3J. Proceedings upon-eUanging the boundaries of districts. 
32. Ibid. 

Sec. 1. The minutes of tLe first scliool meeting: shall be 
signed by the chairman and secretary and delivered to the clerk 
of tlie district, who shall file the same in his office. 

Sec. 2. In all school meetings the director whose term of 
office sliall first expire shall act as chairman, and clerk of the 
di.-^trict shall act as secretary. 

Sec, 3. Districts shall have power to repeal, alter or mod- 
ify tlieir proceedings from time to time as occasion may require. 

Sec. 4. District meetings legally called, shall have power 
ro levy a tax upon the property of the district for any purpose 
whatever connected with and for the benefit of schools and pro- 
motion of education in the district. 

Sec. 5. Any new district failing to organize and report to 
the county superintendent the number of children over four and 
under twenty-one years of age in said district, within ten days 
after the first Friday in E'ovember, or any district having been 
organized for the term of one year or more, failing to report to 
the county superintendent as required in section eleven of the 
chapter entitled " clerks" in this act, shall not be entitled to 
mw portion of the county school fund for the year : Provided, 
That if the clerk of any school district shall fail to make such 
jepurt, any three electore of such district may make such report, 



BCllOOL LAW. 17 

verified by oath, and tlie cuuuty suporlatoiidont siiall receive it 
the same us if made h\ tike iclerk, 

t>EC. 6. Tke eourity superintendent sliall apportion all the 
comity scltool fund for that year, among those districts only 
which have organized according to law. 

Sec. 7. No district shall be allowed to draw its apportioned 
county school fund froni the treasury until the clerk of such 
district shall notify the county superintendent, as provided in 
fcecti(.»n elsevera^ chapter tliiree, 

Sec, 8. Whew the ^ilerk of any school district shall notify 
the superiiitendent according to the provisions of this act, the 
superiutend<jiit shali issue an order to the comity treasurer in 
favor of the ■c-lerk of such district for the apportionment of 
comity school funds, iu the treasury to the credit of such dis- 
trict, 

■Sec. 9. Districts having le.^s than twenty-live minorG over 
four years of age may, by orgaHizing and re})ortiDg to the super- 
mteadent according to law, draw tluir proportion of the school 
money without being required to comply with the provisions of 
the school law, any further tlmn the said organization and re- 
port is concerned, and in such di.-tricts three legal voters shall 
constitute a quorum to do business ; and it shall be the duty of 
the clerk of such district to let out all county school fund so 
received at interest, for Ihe use of the district, ou good security, 
until such time as it may bo rcqnii-ed for school purposes in said 
district. The clerk of the dit^trict and his securities shall be 
responsible for such money. 

Sec, 10. When a distri(;t is orgairized, it shall be to all in- 
tents and .purposes a body corjjornte, capable of suing and -being 
sued, and fully conipetent to transai-t all business appertf\ining 
to schools or school houses in their own district ; and it shall be 
flio duty of the difeetors' to prosecute or defend any demajid 
for or against their district, and uotico sIimH be served upon one 
"f the director.- of ?inv suit broua'hl ;iLj;uiK>t ;i ihVtrict. 



-15 SCHOOL LAW. 

Sec. IL The directors of any scliool district maj pennit 
scholars who are not residents to attend school m tl'ieir dsstricfc 
with or without charge, as thej may deem proper. 

Sec. 12, Any person desirous of sending any scholar or 
scholars ont of their district to any other school, may do so by 
first getting a permit in writing from the directors in the dis- 
trict where they reside, and such scholar or scholars so sent to 
school out of their district shall be entitled to their equal pro- 
portion of the j)ublic scliool fund belonging to their district : 
Provided^ That such parent or guai'dian shall get a certificate 
from the tea«?her where such cluld or children fcave a»ttended 
school, showing the wumbeK of days of attendances with tho 
price of such schooling, but in no case shall a parent or griar- 
dian draw more money than will bo sufficient to pay the school 
ing of such scholar or scholars during their attendance out of 
their school district. 

Sec. 13. Upon the presentation of siicb certificate to the 
clerk of the district in which such scholar or scholars reside, the 
clerk shall pay to such parents or guardians the apportionment 
due them out of the funds belonging to said district, taking 
their receipt for the same, whic;!]; s-eeeipt shall be endorsed on 
said certificate, showing the amount actually received, and 
signed by the party receiving tlie money, and said certificate, so 
endorsed, shall be a sufficient voucher to the credit of the clerk 
in making his settlement with the directors or in paying over to 
his successor the funds belonging to said district. 

Sec. 14. When the clerk of any such school district shall 
have failed to draw from the county treasury the apportionment 
for said district, eitlier by "reason of not complying with the 
requirements of section se ven of this chapter or otherwise, then 
the certificate shall be presented to the county superintendent, 
who shall issue an order on the county treasurer in favor of the 
person or persons entitled to receive the same, and a recefpt in 
due form shall be given to the treasurer for the amount paid, 
the duplicate of which shall be endorsed on the certificate in 
the hands of the superinteTideni, who shall credit the treasury 



SOHOOi; LAW: 19; 

of the coiintv therewitli and charge the same to the proper dis- 
trict, in tlie same manner as when paid to the clerk, according. 
to section ten, chapter two. 

Sec. 15. Any schohu- having thns received liis or her por- 
tion of scliool nione}', cannot be entitled to any further benefit 
-out of the fiaiid of sa^d district, in case of a school beins: tauffht 
therein, until after the next annual apportionment is made. 

Sec, IT- In all cases when a tax is to be levied, it shall be 
stated in the notices given of the meeting, for what purpose or 
purposes the tax is to he levied. 

Sec. is. If a district meeting be held to levy a tax on ali 
the taxable property in the district, the property of non-resi- 
•dents shall be assessed in equal proportion with the rest, accord- 
ing to the valuation made by the assessment foa' county taxes. 

Sec. 19. The directors may add such a per centum, not ex- 
ceeding five, as they may deem requisite to remunerate the 
•clerk for his services as collector, but the amount shall be speci- 
fied and- added as a separate item in the schedule or account of 
taxes so levied or assessed, and where any person shall pay the 
same within ten days after the notice of such tax is made pub- 
lic by the clerk, in accordance with the fourth clause of section 
ten of chapter three, the per centage shall be deducted, but m 
all otlier cases it shall be collected. 

Sec. 20, There shall be an annual school meeting held in 
each district upon the first Fridav in JSTovember, and notice, of 
all annual or s])ecial meetings shall be in writing, signed by the 
directors or the clerk of the district, and shall state the object 
for which the meeting is called and shall be posted up in three 
public places in the district at least six dajs previous to the 
liolding of such meeting. 

SEa 2L Every white male inhabitant over the age of, 
twenty-one years who shall iiave resided in siay school district; 
for three months immediately preceding any district meeting, 
or, who 6,hall have paid or be liable to pay any tax except road 
tax ia said district, shall be a legal voter at any school nxgeting;^ 



20^ 8CH00L LAAV. 

and no other person shall be allowed to vote^ and in the selec^- 
tion of a site for a school house, or for raising" a tax, no person 
shall be allowed to vote ex.cept persons liable to' pay a school 
tax. 

Sec. 22. Any school meetmg shall have- power to adjourns 
from d!ay to day as occasion may requirev 

Sec. 23.. A school meeting Jegally called shall have power^ 
by a vote of a majority present, to levy a tax on all taxable 
property in the distriit^t^ 

Sec. 24. The tax payers may, with tlae eonsexit of the di- 
rectors of their district, perform^ by labor their portion of taxa- 
tion for the erection of sehroli houses,, and shall be so retnrne(J 
by the clerk of said district. 

Sec. 25. No person shall be disqitalified for the office of 
county superintendent, district director or clerk, on account of 
holding any other office within the Territoiy at the same time 

Sec. 26. It shall be the duty of the- din^ctors to appoint a 
suitable person for librarian when the district sha;Il have pro- 
cured "a library. 

Sec. 27. School superintendents, directors and clerks shall 
be competent to administer oaths or affirmations in any case o©. 
curring under the provisions of this act. 

' Sec. 28, Where in any county, any of the moneys men- 
tioned in chapter one, section three of this act, are by existing- 
laws set apart to any other fund, or for any other purpose, this. 
act shall not be so construed iis to atfect the disposition of said 
funds so set apart. 

Sec. 29. Failure of a clerk to make out his report in proper 
time shall not work a forfeiture of the apportionment to his 
district if the report shall reach the superintendent before he 
apportions the fund. 

Sec. 30. Is'o order of the superintendent shall be drawn 
upon the county treasurer in favor of any district whicli fails to 
have or keep up its org-anization, and any district having been 



SCHOOL LAW. ^1 

for three years recognized a;^ an organized district by the inhab- 
itants of tlie same, and by the superintendejit, shall, so long ha 
it eonipHe.- with the forms of law, be to all intents, for tlie ]>ur- 
poses of this act, a legal district. 

Sec. 31. Any person or persons asking any action of the 
superintendent which shall affect the boundaries of any district, 
shall notify the clerk of said district in writing of his intention 
to ask for the same, stating what action is or .will be asked, and 
the time — not less than ten days — when the same will be heard, 
and shall file a certified copy of the said writing with the super- 
intendent. 

Skc. 32. When satisfied such notice has been ffiven, the 
Buperintendent'shall proceed to examine the case unless for good 
cause further time is asked by either party, or in the absence of 
either party he may consider substantial justice cannot be done, 
in which case he must set sora'e future time for its consideration, 

CHAPTER y. 

AS TO MOXF.Y ARISING FROM FINES A:ST> PENALTIES PAYABLE TO 

SCHOOL FUND. 

Skx;. I. Tbc superintendent to enforce collection of all fines, &c., payable to school 
fund. 
Snperintendent to preserve school lands from trespass. 
Fines and penalties apportioned as other school funds. 

2. Penally for trespass on school lands. 

3. Mode of procedure iu the paying over of fines, &c. 

4. Penalty for sheriff or clerk failing to pay over money collect«d on execu- 

tion. 

6. Proceeds of sale of estrays. 

C. Deposits with county treasurer under act relative to unclaimed property. 

7. Proceeds of sale of lost goods, and as to lost money. 

8. Penalty for a finder failing to advertise money < r property found. 

9. Penalty against owners of vicious or dangerous cattle. 

10. Repealing previous acts. 

11. When act to t«ke effect. 

Sec. 1. The superintendent shall, in the name of the county, 
collect or cause to be collected all money due the school fund 
from fines or from any other source, in his county, and until the 



2^ SCHOOL LAW. 

Legislature slmll make some provisions for the disposal of the 
school lands given by Congress to the Territories for school 
purposes, it shall be the duty of the superintendent to preserve 
said land from injury and trespass, and when it shall come to 
his knowledge that any trespass has been committed on such 
lands, he shall niake complaint of the same before the grand 
jury of the proper county, at the first regular term of court 
after he has obtained a knowledge of such trespass, and all fines 
and other moneys thus collected shall be paid over to the trea- 
surer of the county for the use of common schools, and be di- 
vided in said county in the same manner as other school funds. 

Sp;;c. 2. Any person trespassing upon or injuring school 
lands as mentioned in the preceding section, shall be liable to be 
indicted for the same, and upon conviction, shall be punished by 
imprisonment in the county jail not exceeding six months, or by 
a fine not exceeding five hundred dollars. 

Sec. 3. All fines imposed upon any person or persons by 
the provision of an}^ act imposing fines for violation of laws of 
this Territory, when the same shall be collected, shall be paid 
by the ofticer collecting the same, to the county treasurer as school 
fund of the county where such conviction shall have been had, 
who shall give duplicate receipts therefor, one of which shall be 
filed w^ith the county auditor, and all ofiicers refusing or neglect- 
ing to pay over anj^ fines within one month after they shall have 
been received, shall, upon conviction thereof, be fined in four- 
fold the amount of such fines so received, which said fine may 
be collected in any court having jurisdiction. 

Sec. 4. No sheriff shall retain any money's collected on ex 
ecution more than twenty days before paying the same to the 
clerk of the court who issues the writ, under penalt}^ of twenty 
per cent, on the amount collected, to be paid by the sheriff, the 
one-half to the party to w^honi the judgment is payable, and 
the other half to the county commissioners of the county wherp- 
in the action was brought, for the use of tke school fund of. the, 
county. And the clerk shall, immediately aftei* the receipt of 



SCHOOL LATN^. SS 

uiiy moneys collected on any judgment, notify the party to whom 
the bame is payable, and pay over the amount to said party on 
demand. On failure to so notify and pay over, (without reason- 
able cause sliown for delay) the clerk shall forfeit and pay the 
same penalty to the same parties Jis is above prescribed for the 
Bheriif. 

Sec. 5. If the owner or person entitled to the possession of 
any estray shall not appear and make out his title thereto and 
pay the charges thereon witliin one year from the time when 
the notice is filed with the count}' clerk, as is provided in the 
fourth section of " an act relative to estrajs," passed February 
first, eigliteen hundred and sixty, such estray shall be sold at 
the request of the finder, by any constable of the precinct, at 
public auction, upon first giving public notice thereof in writ- 
ing, by posting up the same in three of the most public places 
in the precinct, at least ten days before such sale, and the finder 
may bid therefor at such sale; and after ^deducting all tlie law- 
ful charges of the finder as aforesaid, and the fees of the con- 
stable, Mdiich shall be the same as upon a sale on execution, one- 
half of the remaining proceeds of such sale shall be deposited 
in the treasury of the county, to be applied to the common 
school fund of said county, the other half shall belong to the 
finder. 

Sec. 0. Any money that shall be deposited with any county 
treasurer under the provisions of an act entitled " an act rela- 
tive to unclaimed property*" which shall not be claimed by the 
owner thereof, or his legal representative, within five years, the 
same shall belong to the county, and shall be applied to the com- 
mon school fund of said county. 

Sec. 7. If the owner of any lost money or goods shall fail 
to appear within one year and make out his right thereto, then 
the finder of such lost money or goods shall pay one half of the 
value thereof, after deducting all legal charges, to the treasurer 
of the county, for school purposes ; and in ease such finder shall 
neglect to pay the sflnie on clr;mand, after the expiration of the 



»4 SCHOOL LAW, 

time atbrestiid, tlie tiame muy be sued for and rooavered by the 
t>aid treasurer in the naijie of tlie county, for scliool purposes. 

Sec. 8. If any finder of lost money or goods of the value 
of five dollars or upwards shall neglect to give notice of the 
same, and otherwise to comply with the provision^ of *' an act 
in relation to lost money or goods," he shall be liable for the full 
value of such money or goods, one-half to the use of the oauTity 
for school purposes, and the other half to the use of the person 
who shall sue for the same, and shall also be responsible to the 
owner for such lost money or goods. 

Sec. 9. That any person or persons who own or are the 
owners of dangerous or vicious cattle, wlp'oh animal or animals 
are known to endanger the safety of persons traveling through 
neighborhoods, by their dangerous and vicious disposition, such 
person or persons having twelve hours' notice of the dangerous 
disposition of such aninud or animals, and shall neglect or re- 
fuse effectually to pre\'ent such cattle t'yom distm'bing tlie peace 
and safety of tbe neighborhood where such animal may range, 
such owner or owners shall be liable to a fine of not less than five 
dollars nor more than fifty dollars, which may be recovered be- 
fore any justice of the peace of the county, with costs of suit, 
for the use of the seliool fund. 

Sec, 10. All acts or parts of acts heretofore passed in rela- 
tion to schools are hereby repealed. 

Sec. 11, This act shall take effect and be in force from and 
after its passage. 

Approved January Slst, 1867. 
Amended January 18th, 1868, 



LIBRARY OF 



CONGRESS 



019 748 513_ 9 



